Rajasthan High Court - Jaipur
Suresh Kumar Koli vs State Of Rajasthan And Anr. on 11 July, 2002
Equivalent citations: 2002(5)WLC444, 2003(2)WLN636
JUDGMENT
1. The petitioner has approached this Court with the following prayer:
(i) to quash the order dated 20.12.1999.
(ii) to consider the petitioner for appointment as Sub-Inspector/ Platoon Commander, as per his merit, considering his chest to be 82-87.
(iii) to direct the respondents that the petitioner be appointed on the post of Sub-Inspector/Platoon Commander, if his chest measurement comes as required after re-examination and re-measurement of his chest by Medical Board.
2. Brief 'resume', of the fact is that the petitioner submitted application pursuant to the advertisement dated 6.9.1997 for the post of Sub-Inspector/Platoon Commander. After getting success in written examination, physical test and interview a Medical Board was constituted and the petitioner was called at Haribux Canvatia Hospital on 1.12.1999 for medical test. Thereafter vide communication 20.12.1999, the petitioner was informed that he was not found fit for the post of Sub-Inspector/Platoon Commander. In the instant writ petition the petitioner has assailed the aforesaid communication on the ground that his physical fitness was wrongly adjudged by the respondents. If re-examination in regard to physical fitness of petitioner is conducted it will be revealed that the petitioner fulfills all requirement as per Rules.
3. The respondents in their reply averred that the chest measurement of the petitioner was not in accordance with the measurement prescribed for the post of Sub-Inspector/Platoon Commander. The petitioner was found unfit by the Medical Board on the ground that the chest measurement of the petitioner less than the prescribed in the Rules. Therefore, the prayer has been made to dismiss the writ petition of petitioner.
4. Mr. R.A. Katta, learned Counsel appearing for the petitioner in support of his contention placed reliance on Bhawani Shanker Meena v. The State of Raj. and Ors., 1999 WLC (Raj.) (unreported Cases) 753 and Mahesh Sharma v. State of Rajasthan, 1999(2) WLC (Raj.) 470.
5. Per contra, Mr. Juneja, learned Counsel appearing for respondents reiterated the facts averred in reply and referred to relevant Rules.
6. Rule 14 of Rajasthan Police Subordinate Service Rules, 1989 provides thus:
14. Physical Fitness.--(1) A candidate for direct recruitment of the Service, must be in good mental and bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of Service and if selected must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of a candidate promoted in the regular line of promotion or who is already serving in connection with the affairs of the State, if he has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him are to be comparable for efficient performance of duties of the new post and his age not reduced his efficiency for the purpose.
(2) Except in the case of women candidates, no candidate, who is less than 168 Cms. in height and whose deflated chest measurement is less than 81 Cms. and inflated less than 86 Cms. shall be deemed to be physically fit:
Provided that--
(i) the minimum height of the candidates belonging to the Hill and the Tribal areas shall not be less than 160 Cms. and their deflated and inflated chest should not be less than 79 and 84 Cms. respectively.
(ii) The height and weight of women candidates may not be less than 152 Cms. and 47.5 Kgs., respectively.
(iii) Candidates belonging to the Scheduled Castes and Scheduled Tribes whose height and chest measurements are less by 5 Cms. shall be deemed to be physically fit in case requisite number of suitable SC/ST candidates possessing physical fitness standards as laid down in Rule 14(2) are not available.
7. It is thus evident that a candidate must not have defaulted chest measurement less than 81 Cms. and inflated less than 86 Cms. During the course of arguments Mr. Katta, invited my attention towards medical certificate issued by Medical Officer, Danta (Sikar), according to which the chest measurement of the petitioner was shown to be 84-89 Cms. No opinion can be expressed at this juncture on the basis of this medical certificate but in view of the ratio indicated in Mahesh Sharma v. State of Rajasthan, (supra), I deem it appropriate to direct the respondents to conduct the re-examination of the petitioner in regard to his chest measurement.
8. Thus in the interest of justice and 'looking to the fact that the candidature of petitioner was rejected only on the ground of his chest measurement, which is disputed by the petitioner, I dispose of the writ petition in the following terms:
(i) The petitioner's chest measurement shall be verified by a Medical Board, duly constituted by the Superintendent of the S.M.S. Hospital, Jaipur within fifteen days.
(ii) If the Medical Board is of the view that the deflated chest measurement of the petitioner is 81 Cms. and inflated 86 Cms. or above, the petitioner shall be forthwith appointed on the post of Sub-Inspector/Platoon Commander which was kept vacant by the interim order of this Court. It is however, made clear that the appointment of the petitioner shall be effective from the date he joines the duty.
(iii) The parties shall bear their own costs.